Alabama Human Rights Agency Charge (EEOC Substitute)

CHARGE OF DISCRIMINATION — EEOC (ALABAMA)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

BIRMINGHAM DISTRICT OFFICE

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form.

1. CHARGING PARTY INFORMATION

2. RESPONDENT INFORMATION

3. DISCRIMINATION BASIS (Check all that apply)

☐ Race

☐ Color

☐ Sex (including pregnancy, sexual orientation, gender identity)

☐ Religion

☐ National Origin

☐ Age (40 or older)

☐ Disability

☐ Genetic Information

☐ Retaliation (for protected activity)

☐ Equal Pay

☐ Other: [SPECIFY]

4. DATES OF DISCRIMINATION

5. ADVERSE EMPLOYMENT ACTION (Check all that apply)

☐ Termination / Discharge

☐ Failure to Hire

☐ Failure to Promote

☐ Demotion

☐ Layoff

☐ Reduction in Pay / Hours

☐ Harassment / Hostile Work Environment

☐ Failure to Accommodate (Disability or Religion)

☐ Constructive Discharge

☐ Discipline (write-up, suspension, PIP)

☐ Denial of Benefits

☐ Other: [SPECIFY]

6. PARTICULARS / STATEMENT OF FACTS

6.1. I, [CHARGING PARTY NAME], am [a member of protected class — e.g., African-American / female / over age 40 / a person with [DISABILITY] / etc.].

6.2. I was hired by Respondent on or about [DATE] as a [POSITION]. At all times material, I performed my job duties satisfactorily.

6.3. On or about [DATE], [NAME / TITLE OF DECISIONMAKER] [describe adverse action — terminated me, refused to promote me, denied my accommodation request, harassed me, etc.].

6.4. The reason given by Respondent for this action was [STATED REASON]. This reason is pretextual because [FACTS — e.g., similarly situated [comparator class] employees were not [adverse action]; the stated reason is contradicted by [evidence]; deviation from policy; temporal proximity to protected activity].

6.5. [Identify comparators — name(s) and protected-class status of similarly situated employees who were treated more favorably.]

6.6. [If retaliation: I engaged in protected activity on [DATE] by [DESCRIBE — complaining of discrimination, filing prior charge, requesting accommodation, etc.]. The adverse action followed [TIME PERIOD] later, evidencing causation.]

6.7. [If hostile work environment: I was subjected to severe and/or pervasive harassment based on [protected class], including [SPECIFIC INCIDENTS WITH DATES, ACTORS, AND CONTENT]. Respondent knew or should have known of the harassment and failed to take prompt remedial action.]

6.8. [If failure to accommodate: I have a [DISABILITY / SINCERELY HELD RELIGIOUS BELIEF] requiring [ACCOMMODATION]. I requested the accommodation on [DATE]. Respondent denied the request without engaging in the interactive process, despite the accommodation being reasonable and not imposing an undue hardship.]

6.9. I believe I have been discriminated against because of my [PROTECTED CLASS] in violation of [Title VII of the Civil Rights Act of 1964, as amended / the Age Discrimination in Employment Act of 1967, as amended / the Americans with Disabilities Act of 1990, as amended / the Genetic Information Nondiscrimination Act of 2008].

Separate court claim: The EEOC does not enforce 42 U.S.C. § 1981. A person pursuing a § 1981 claim brings it separately in court; this EEOC charge is for the laws the agency enforces.

7. RELIEF REQUESTED

I request that the EEOC investigate this charge and provide all available remedies, including:

☐ Reinstatement and/or hiring

☐ Back pay and front pay

☐ Lost benefits

☐ Compensatory damages for emotional distress and other harms

☐ Punitive damages where authorized

☐ Reasonable accommodation

☐ Posting of EEOC notice

☐ Training of Respondent's employees

☐ Attorney's fees and costs

☐ Notice of Right to Sue upon request

8. CHARGING PARTY VERIFICATION AND OATH

I declare under penalty of perjury that I have read the above charge and that it is true to the best of my knowledge, information, and belief.

I also want this charge to be filed with appropriate state or local agencies if any: ☐ Yes ☐ No

Date: [__/__/____]

Signature of Charging Party: [________________________________]

Print Name: [CHARGING PARTY NAME]

9. NOTARY ACKNOWLEDGMENT

STATE OF ALABAMA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

10. ALABAMA-SPECIFIC FILING NOTES

10.1. Employment Charges: No State Fair-Employment Agency

Alabama has no general state human-rights commission or state fair-employment-practices agency for private employment discrimination charges. The Alabama Department of Workforce's equal-opportunity page describes complaints involving unemployment-compensation benefits and programs covered by WIOA or 29 C.F.R. Part 38. Its legacy page expressly says the EEO & Grievance Section does not investigate complaints against private employers or other government agencies. File federal employment charges with the EEOC. For housing discrimination, ADECA administers the separate Alabama Fair Housing Law and accepts complaints under Ala. Code § 24-8-12(a).

10.2. Non-Deferral State — 180-Day Window

Because Alabama has no work-sharing FEPA, the 180-day federal charge-filing deadline applies. The 300-day extended deadline available in deferral states does NOT apply. Calendar this deadline carefully.

10.3. EEOC Birmingham District Office

The Mobile Local Office serves southern Alabama. Confirm the appropriate filing office based on the location of the alleged discrimination.

10.4. Alabama Age Discrimination in Employment Act (AADEA) — Direct State-Court Option

Under Ala. Code § 25-1-29, an age-discrimination plaintiff may bring an AADEA action directly in Alabama circuit court without first pursuing an administrative remedy. The statute adopts the federal ADEA's remedies, defenses, and limitations, except for that administrative prerequisite. It allows only one recovery of damages and requires dismissal of a pending state action if an action is brought in federal court. Evaluate the state and federal routes, including their separate filing requirements and deadlines, before choosing a forum.

10.5. Alabama Disability Access Statute (Ala. Code § 21-7-1 et seq.)

The state disability-access statute is enforced through:

• Criminal misdemeanor prosecution under § 21-7-5 (refer to local district attorney).
• Parallel ADA Title III lawsuits in U.S. District Court (no EEOC exhaustion; ADA Title III governs public accommodations).
• ADA Title I (employment) requires EEOC charge filing.

There is NO Alabama administrative agency for disability-access charges.

10.6. Alabama Department of Human Resources (DHR)

DHR administers limited programs related to vulnerable adults, foster care, and child welfare. DHR is NOT a civil-rights enforcement agency for employment, public-accommodation, or housing discrimination. Adult Protective Services complaints involving disability-related abuse or neglect may be filed with DHR at https://dhr.alabama.gov/.

10.7. Federal Agencies for Specific Claim Types

10.8. After EEOC Issues Right-to-Sue

For Title VII, ADA employment, and GINA claims, calendar the 90-day period after receipt of the EEOC right-to-sue notice. A federal ADEA plaintiff may sue 60 days after filing a charge without first obtaining a right-to-sue notice; if the EEOC dismisses the charge or ends its proceedings, § 626(e) allows 90 days from receipt of that notice to sue. An Equal Pay Act wage claim may be filed directly under 29 U.S.C. § 216(b), without an EEOC charge or right-to-sue notice, generally within two years of accrual or three years for a willful violation (§ 255(a)). The applicable claim may be brought in the U.S. District Court for the Northern, Middle, or Southern District of Alabama, or in an Alabama court with jurisdiction (including concurrent jurisdiction over Title VII per Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990)).

11. PRACTICE NOTES

• Preservation. Preserve emails, text messages, performance reviews, witness contacts, and dates from the moment discrimination is suspected. Alabama is an at-will employment state; documentary evidence is often dispositive.
• Witnesses. Identify by name, contact information, and substance of expected testimony. EEOC investigators routinely interview witnesses.
• Comparators. Strong charges identify specific similarly situated employees outside the protected class who were treated more favorably.
• Mediation. EEOC offers a voluntary mediation program. Alabama charges are eligible. Mediation typically occurs within 60–90 days of filing and resolves cases at substantially higher rates than full investigations.
• Continuing-violation doctrine. Under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), discrete acts (termination, demotion, failure to promote) must each be charged within 180 days, but hostile-work-environment claims may sweep in earlier acts if at least one act occurred within the charging period.
• No retaliation for charging. 42 U.S.C. § 2000e-3(a) prohibits retaliation for filing or participating in an EEOC charge. Document any post-filing adverse actions and consider an amended charge.
• Right-to-sue request. Charging party may request a Notice of Right to Sue 180 days after charge filing without waiting for EEOC investigation to conclude (29 C.F.R. § 1601.28).
• AADEA strategic option. For age plaintiffs, compare the direct AADEA action with the federal ADEA charge route. Ala. Code § 25-1-29 adopts ADEA remedies for AADEA claims; under 29 U.S.C. § 626(b), liquidated damages are available only for willful violations. Account for the AADEA single-recovery and simultaneous-action rules.

12. SOURCES AND REFERENCES

• EEOC — How to File a Charge of Employment Discrimination — https://www.eeoc.gov/how-file-charge-employment-discrimination
• EEOC Birmingham District Office — https://www.eeoc.gov/field/birmingham/
• EEOC Public Portal — https://publicportal.eeoc.gov/
• EEOC Form 5 (Charge of Discrimination) — https://www.eeoc.gov/employees/charge.cfm
• 29 C.F.R. Part 1601 (EEOC Charge Procedures) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601
• Title VII, 42 U.S.C. § 2000e et seq. — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• ADA, 42 U.S.C. § 12101 et seq. — https://www.ada.gov/
• ADEA, 29 U.S.C. § 621 et seq. — https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
• Alabama Age Discrimination in Employment Act (AADEA), Ala. Code § 25-1-20 et seq. — https://law.justia.com/codes/alabama/title-25/chapter-1/article-3/
• Alabama Code Title 21, Chapter 7 — https://law.justia.com/codes/alabama/title-21/chapter-7/
• Alabama Department of Workforce, Equal Opportunity (legacy page retains former agency name) — https://adol.alabama.gov/services/equal-opportunity/
• Alabama Department of Human Resources — https://dhr.alabama.gov/
• Alabama State Bar — https://www.alabar.org/
• National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002)
• Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Alabama has no state fair-employment-practices agency for private employment charges; ADECA separately handles state fair-housing complaints. This template is structured as an EEOC charge with Alabama-specific filing notes. Calendar the EEOC filing deadline promptly; Title VII charge timeliness is not jurisdictional and may be subject to waiver, estoppel, or equitable tolling. An attorney licensed in Alabama must review and customize this document before filing. Laws, citations, and agency procedures change frequently; verify all authorities before use.